People ex rel. Smart v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John G. Smart, as president of the Taxpayers’ League of the County of W ashingtdn, from an order of the Supreme Court, made at the Washington Trial Term and entered, in the office of the clerk of the county of Washington on the 15th day of April, 1901, dismissing an alternative writ of mandamus.
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Appeal by the relator, John G. Smart, as president of the Taxpayers’ League of the County of W ashingtdn, from an order of the Supreme Court, made at the Washington Trial Term and entered, in the office of the clerk of the county of Washington on the 15th day of April, 1901, dismissing an alternative writ of mandamus. The relief sought by the relator was a writ of mandamus to compel the board of supervisors to audit the claim of the relator for expenses claimed to have been incurred in a proceeding before the Grovernor for the removal of the sheriff of Washington county upon charges…
1Opinion of the Court
Smith, J.:
The final order appealed from is sought to be sustained, first, upon-the ground that the relator has mistaken his remedy. In the return it is alleged that the claim was considered and dismissed upon its merits. It is undoubtedly true if upon fair judicial investigation the hoard of supervisors had determined that the moneys claimed were not expended by the relator in the prosecution of these charges before the Governor, the respondents would have audited the relator’s claim, and the relator’s remedy for an erroneous audit is by certiorari and not by mandamus. Upon the papers…
2Cases cited2 opinions
- People ex rel. Morrison v. Board of SupervisorsNew York Supreme Court · 1890
- People ex rel. Smith v. TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- People Ex Rel. Hirschberg v. Board of SupervisorsNew York Court of Appeals · 1929
- Gavin v. Board of SupervisorsNew York Supreme Court · 1916
- People ex rel. Nash v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1914
- Schenectady Illuminating Co. v. Board of SupervisorsNew York Supreme Court · 1915